New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-01
SHARP ENJOYS HIS RESPITE.
RE NEVER DID WANT TO GO TO SING SING.

NE NEVER DID WANT TO GO TO Sing SING.
v,s COUNSEL TALK KNOWINGLY or THE LAWYER
vuo OBTAINED THE sTAY-MR. MARITIME Ex-
prcrKp jest THIS REsuLT-BoTH SIDES
AS CONFIDENT AS EVER.
Jaeob sharp slept serenely on his COMFORTABLE couch
n, Ludlow Street jail yesterday morning. not having
hsd to begin his preparations ior S'ne os 'nnAs "
n,ef Justice RuEers decision granting him further
- All the morning papers were sent up to his
80 carly nv the ial officials, and Mrs. Sharp read
.s "details OF the stay and the newspaper comments
hereon Of which the bare only had been
.onveved 10 them tn previous night When her Stub
torn old husband woke up Ill the papers were handel
=. him and he lay in bed and read the good news He
ma;ned in he'd all day, receiving only the visits Of
rr Ioomis and the members Of his family. Warden
.,ns was all at sea as what he would have to do
,,,,;mataly with his chsige. At 10 O'Clock Deputy
S Eurke brought to the Jail the formal notice Of tho
.,av which had been served Sheriff Grant at
o,c,ock BY one Of Mr.. stickney's clerks.
charn,s LAWYERS we're nearly all out Of town yester
day except Mr.. stickncy and w. Bourke Cochran. In
an the offices of the distinguished array Of counsel
snt the two named, who have tried to pilot Sharps
~ there was the greatest ignorance concerning
Iohn Perry the "lawyer" who had secured the stay
1or sharp The clerks and partners OF Judge II. A
Ne,son and william Fullerton had never heard Of Mr..
parry and it was varously stated that he was from
Albany Syracuse, Schenectady some other town in
IN. interior Of the state At Mr. Stickneys Office
inouries regarding Mr. Perry were met with smiles
and the stcreotyred statement that Mr. Sticzney
q not at homer to reporters.
LAWYER COCHRAN GREATLY PLEASED.
Congressman Cockran's face pleased, salts
fed air when by TRIBUNE reporter in corridor
of the Potter Building eyes," said he, 81 Mr. Perry
is connected with the In straight and regular
fashion Whatever else have to say about this case
] WILL say in court"
Mr.. Cochran remarked to a friend" 1 absolutely
sure the Court Of Appeals would the de-
cision OF the Oyer and Terminer and there not
eight lawyers in the city who believe otherwise than
do. cannot perceive why there should be any pub
Lilo indignation. Sharp is paying with his body and
his liberty for the privilege of keeping out Of State
Prison. He Is not at liberty, and all these delays
only increase the length of his sentence 1t is
served. i believe he will die before he enters the
State Prison walls We applied to Chief Justice Rugcr
for stay in order to prevent criticism being made upon
other Judges. He is 30 far above suspicion that 1t
must be malicious mind, indeed that can cast any
aspersions upon his actions whatever they may be.
Judge Daniels in his opinion plainly and uneQuivo-
czlly says that the admission of Nler's testimony
error, but that 1t did not work der1ment to
tho defendant. We will make that Of our prlnci-
pal arguments. Thcn the admission Of sharps testi-
mony before the Senate Committee was clearly uncon-
stitutional."
NO DIsMAY AT Marines OFFICE.
The notice Of the motion to be made before Chief
Judge Ruger, at Albany, October @, served on
Attorney MARITIME yesterday By Mr. stickney
1t gives information that at p. m. on that day the
counsel for Sharr will before Chief Judge Kruger
for stay of proceedings, pending the appeal to the
Court OF Appeals Mr.. MARITIME and Mr. Nco said
little In response to questions about their opinions
to tine prOpriety of the action Of Judge Ruger Mr..
MARITIME said: II had expected that such appica-
ton would be made to Judge Kruger, that am
not surprised. We shall be ready to argue the case
on the 9th Of october. I say nothing more"
Mr.. Nicoll not at all Respondent. He still be-
lieved that the delay would only be temporary and
that the judgment would be affirmed by the highest
court. He had no word Of criticism for Chief Judge
Rugcr he said that the case would be reached be-
fore Court Of Appeals at early day. He thought
II probable that the temporary stay would be vacated
on an argument before Judge Ruger and be believed
that even IL the stay made permanent decision
would be rendered by the Court before long time
which would sustain the views Of the prosecution.
Clerk John Sparks, of the Court OF oyer ana Ter
miner and the Court Of General Sessions who mas ha
the experience Of generation in criminal law salo
that he had never known Of case exactly parallel 10
had been decided against the defendant at the
cppp.ra, Term In all of those cases. however, su-
Court Justice sS had 10 a aoT supreme court justice
and the application was usually grahtca. ih IT, o
orolT Farm
comnrebensiye and complete that supreme Sour.
Justice might hesitate to act contrary u INC op
Of his colleagues. -. ,sx. puoer,s action
Mr.. sparks did not think that Judge Kngers ,mno
was fairly open to criticism He SAID Una. 30 rpbt
va, stay Was granted almost as a matter OF r'tho
hs Counsel represented forciby that points IN INC
casc we're doubtful and the Judgment might oe 10
vcrsed on appeal In such case 1augo fesT days
dcav and am willing to hear you ana SEC danonnt
there Is any good reason TO DOUBT Lna u cases
", ,rb,ch sucb stay had been granted BY Supreme
Cont Justice He related instance OF muiuo J
who had been sentenced TO death, before tho la" no.,
notice of appeal stay Of proceea,,'%b ,s 10 county
wouId grant stay, but was procured rom
Justice In the country The Court OF Appears SUD ~
se0ueny reversed the Judgment, ana as SONIC y, .no
witnesses he'd left the country new tria oouiu 10, ~
be had and a plea Of granddaughter in the lowest 10
gree was accepted -, , q. i. VIM
Not all the. officials took the same view OF the pro
prIety Of Judgc Rugers action one saa unfortunate
that the first instance in which such an application
has been granted should be In the case VI man scrs
guilt is universally admitted, whose crme ~ ~ Whv
not grant II first 10 some poor creature whose cfio
Was instjcated by poverty and Ignorance, vi ""o'
real guilt questioned . ~ !. ,ra,t-
An aspect of the case which would render inc s' c
Inc az stay not an unnix good for sharp was sus
cested nv a court official. III Judge hugcI no' nd
argument on the application for peImanon' onS than
renders decision In Sharps favor, inc q,a. .o,n
arise whether he will not then De sidera
sitting on the hearing OF the appeal IL nc is he
smas nat, ,hs scrmanenf stay sharp will thus be de-
priycd OF the presence OF friendly juage. nnea,
court should be divided on tho uecisoh VI ~, ,rrxi
ehaap's chances for q reversal OF the judgment
RAILROAD INTERESTS
x,-nc,o~, n .rrc ANn pEcyJAR TARIFrs